Cinderella Oyuke v Capstudio Ke

Complaint upheld; compensation ordered; enforcement notice conditional. ODPC, March 2025.

Record ID

ke-odpc-2025-0003

Case reference

ODPC Complaint No. 1548 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Cinderella Oyuke

Date decided

March 2025

Respondent type

private

Sector

technology

Violations

unauthorised image/photo use, lack of consent, commercial use of personal data, failure to respond to erasure request, unlawful processing

Provisions cited

s.25 DPA 2019, s.26 DPA 2019, s.29 DPA 2019, s.32 DPA 2019, s.37(1) DPA 2019, s.40(1)(b) DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.65(4) DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice conditional

Compensation

KES 500,000 (≈ USD 3,880 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 d2e3e48b1722942a…

Record verified

30 July 2026

The facts

The complainant alleged that Capstudio KE had been using her pictures on its social media platforms for over a year despite her objection. The ODPC found the respondent violated her right of erasure and used her personal data for commercial purposes without her express consent.

Orders and outcome

The respondent was ordered to pay the complainant Kenya Shillings five hundred thousand (KES 500,000) as compensation, to stop publishing her photos and erase them from all its social media platforms within seven days failing which an enforcement notice would issue, and to put in place clear consent mechanisms providing for withdrawal of consent. Dated 2025.

CONSENT · RIGHT-TO-ERASURE · TECHNOLOGY · UNLAWFUL-PROCESSING · UPHELD

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